Terms & Privacy
1.1 These terms and conditions apply to all offers from Mark by Mark ®. The conditions are accessible to everyone and included on the website of Mark by Mark ®. On request we will send you a written copy.
1.2 By placing an order you acknowledge that you agree to the terms and conditions. Mark by Mark ® reserves the right to change its terms and / or conditions after the expiry of the term.
1.3 Unless otherwise agreed, the general or specific terms or conditions of third parties are not by Mark by Mark ® recognized.
1.4 Mark by Mark ® guarantees that the delivered product meets the contract and meets the specifications listed in the offer.
2. Delivery Online Orders & Wholesale Pre Season Orders
2.1 Delivery takes place while supplies last. Mark by Mark supplies from stock. All articles which stated 'in stock' to deliver within 2-5 days. Articles that are not in stock will be replenished.
2.2 Under the rules of distance selling will Mark by Mark ® orders within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is other reasons for delay, or an order can not or only partially implemented, the consumer receives within one month after placing the order message and in that case he is entitled to cancel the order without penalty.
2.3 The supply obligation of Mark by Mark ® will, subject to proof, are satisfied once the delivered goods once offered to the buyer by Mark by Mark ®. For home delivery extends the report of the carrier, alleging refusal of acceptance, full proof of the offer to deliver.
2.4 All on the website are indicative. At the time limits may therefore not legally binding.
2.5 Delivery of wholesale orders placed online takes placed while supplies last. All articles which stated 'in stock' to deliver within 2-5 days.
Mark by Mark is entitled to replace an item ordered which size occurs to be not available in warehouse to be replaced by a size up or down.
Mark by Mark is entitled to divide or split deliveries if necessary
2.6 Delivery of wholesale orders placed pre-season takes place when bulk arrives. Delivery windows are stated on the confirmation invoices.
3. Prices & Payments
3.1 Prices will not be increased within the duration of the offer, unless legal action is necessary or if the manufacturer interim price increases.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site are in Euros and exclude duties and taxes
3.4 Payments for orders placed online are always proforma.
Payments for orders placed online ( retail and wholesale) are done immediate in realtime, using our payment providers Skrill ( credit card, Ideal, Soft Banking or Paypal).
Payments for wholesale orders B2B placed by using our excel order sheet, payment by bank transfer is accepted as well as credit card ( Skrill and Paypal).
3.5 Payment Terms for Wholesale Orders / Special orders / Pre Season Orders
- Wholesale orders are excepted on our excel order sheet or listed in writing. From that we’ll create an invoice which is the buying contract. Invoice is send electronically by email to check carefully the order and is confirmed by a deposit payment of 30% within 7 days.
- After 7 days the order will be automatically launched into production and is the order confirmed. Any changes or cancellations are not accepted once order is confirmed. Pre-season orders are made/produced especially and can not be cancelled.
4. Viewing period / right of withdrawal/ cancelations
4.1 In case of a consumer purchase (ie no B2B) under the Act on Distance (Article 7: 5 BW) the buyer has the right to return within a period of 14 days (a part of) the goods without giving reason to return. This period begins when the ordered goods are delivered. If the customer after this period the goods delivered has not returned to Mark by Mark ®, the purchase is a fact. The customer is obliged, before proceeding to return accordingly within the period of fourteen working days to delivery notification in writing by Mark by Mark ®. The customer must prove that the goods are returned on time, for example through a proof of mail delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. Always enclose your Returns Form in which you receive your shipment, with your data and wishes. If the goods are used in, encumbered or damaged in any way, the right to terminate under this paragraph. With regard to what is stipulated in the preceding sentence, Mark by Mark ® ensures that refunded within 14 days after receipt of the return, the full purchase price to the buyer. The return of the goods delivered is the sole responsibility and risk of the buyer.
4.2 The right of withdrawal does not apply to :
- wholesale orders ( B2B)
· Services where performance, with the consent of the consumer, has begun for the period of seven days
· Goods or services whose price is dependent on fluctuations in the financial market, which the supplier has no influence
· Goods produced, such as customization, special color, or have clearly personalized according to the consumer's specifications.
- Goods from the Outlet (= marked down 50% or more or with use of discount code voucher) can not be returned or exchanged. ( outside EU) When do return, will be void and will not be accepted. When placing an order, you are informed of this exception.
· For goods or services that can not be returned due to their nature, such as hygiene or that spoil or age quickly
4.3 For online orders cancellation is not possible. ( Read terms about possible returns in case of retail orders.) Wholesale orders ( B2B) can never be cancelled ( placed online, offline and pre-season)
5.2 Mark by Mark ® respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Mark by Mark ® sometimes makes use of a mailing list. Each mailing includes instructions to remove yourself from this list.
6.1 Mark by Mark ® guarantees that the meeting delivered products meet the requirements of usability, reliability and durability as intended by the parties to the contract are reasonably, and therefore is responsible for the manufacturer of the product delivered to you.
6.2 The warranty Mark by Mark ® corresponds to the manufacturer's warranty period. However, Mark by Mark ® is never responsible for the ultimate fitness of things for each individual application by the customer, nor for any advice Attn the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. Should the goods delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to Mark by Mark ®) to report these defects immediately in writing to Mark by Mark ®. Any defects or faulty goods should and can be reported no later than three days after delivery to Mark by Mark ® writing. Complaint deadline/ Reclamation Period is 3 days for both retail and wholesale orders. Return of the goods must be in original packaging (including accessories and documentation) and in new condition. Commissioning after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, does the right to claim and return void.
6.4 If the customer complaints are found justified by Mark by Mark ®, will Mark by Mark ® at its option or the goods delivered free replacement or the client a written scheme for the compensation, provided that the liability of Mark by Mark ® and therefore the amount of compensation to be limited to a maximum of the invoice amount of the relevant goods, (your choice of Mark by Mark ®) to the maximum in the case concerned the liability of Mark by Mark ® amount covered. Any liability of Mark by Mark ® is for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 Mark by Mark ® is not liable for damage caused intentionally or equivalent deliberate recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the purchaser against Mark by Mark is in default; B) the customer is parried the delivered goods themselves and / or processed or repaired / or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of Mark by Mark and / or instructions on the packaging; D) were defective in whole or in part the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Mark by Mark ® reserves the right to revoke or deviate from the right to the offer within 3 working days after receipt of such acceptance.
7.3 Verbal agreements Mark by Mark ® only after an explicit and written acknowledgment.
7.4 Offers Mark by Mark ® shall not apply automatically to repeat orders.
7.5 Mark by Mark ® can not be held to its offer if the customer should have understood that the offer or any part thereof, contained an obvious mistake or error.
7.6 Additions, modifications and / or further agreements are effective only if agreed in writing.
8.1 An agreement between Mark by Mark ® and a customer can only exist after an order by Mark by Mark ® feasibility is assessed.
8.2 Mark by Mark ® reserves the right to reject without giving reasons, orders or contracts or only to accept the condition that the shipment takes place on delivery or prepayment.
9. Images and specifications
9.1 All images; photographs, drawings, etc .; inter alia, information on weights, dimensions, colors, graphics, labels, etc. on the website of Mark by Mark ® are only approximate, are indicative and may not lead to damages or rescission of the contract.
10. Force majeure
10.1 Mark by Mark ® is not liable if and when she can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her in all fairness. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, government measures, supply delay, negligence by suppliers and / or manufacturers of Mark by Mark ® as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
10.3 Mark by Mark ® reserves the right to suspend the right to its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall Mark by Mark ® obliged to pay any penalty or damages.
10.4 If Mark by Mark ® at the time the force majeure already partially fulfilled its obligations, or only part of its obligations to comply is entitled to invoice the already delivered or deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the already delivered c.q. deliverable has no independent value.
11.1 Mark by Mark ® is not liable for damage to vehicles or other objects Own Creation by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Retention of title
12.1 Ownership of all Mark by Mark ® remains sold and delivered to the customer at Mark by Mark ® until the customer claims from Mark by Mark ® under the agreement or prior or subsequent similar agreements have not been met, as long as the buyer the performed or to be performed under these or similar agreements have not yet met and until the customer shooting the progress of Mark by Mark ® account deficit has not yet met in the fulfillment of such obligations, including claims relating to penalties, interest and costs, all as defined in Article 3:92 BW.
12.2 The goods supplied by Mark by Mark ® falling under the retention of title may only part of normal business activities and must never be used as payment.
12.3 The customer is not entitled to pledge under the reservation of ownership or otherwise encumber.
12.4 The customer gives unconditional and irrevocable consent to Mark by Mark ® or by Mark by Mark ® appoint third, in all cases where Mark by Mark ® wishes to exercise its rights, to enter those places where its property is then located and doing business there to take.
12.5 If third parties seize the wish to establish or assert goods delivered under retention of title rights thereto, the buyer is obliged Mark by Mark ® as soon as reasonably may be expected to inform.
12.6 The customer is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request to Mark by Mark ®.
13. Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Mark by Mark ® and copper, which can not be solved by mutual agreement, the competent court within the district Mark by Mark ® knowledge, unless Mark by Mark ® prefer to give the difference to the competent court of the residence of the purchaser to submit, with the exception of those disputes that fall under the jurisdiction of a magistrate.
14. Copyright ©
Nothing on this website should stored, used or linked without written permission of Mark by Mark ®
For all photos, logos and pictures used in webtemplate and products, all GIF animations and private product description and own advertising texts and slogans and other expressions shall apply:
© Copyright All rights reserved Mark by Mark ® www.markbymark.com
Correspondence can be sent to:
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers , email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below: